2023-05-18 01:29:08
The viral images of Pope Francis walking through Rome with a modern anorak from a well-known brand, those of Donald Trump detained or those of Pablo Iglesias and Yolanda Díaz together -despite the fact that their relationships are broken- raised the alarm.
“Artificial intelligence can bring progress and well-being, but uncontrolled development can pose different problems. What worries us the most are the effects it can have on people’s fundamental rights and even affect the quality of democracy.” the reflection they make in Unidas Podemos, a party that has registered “the first and most ambitious” law on this matter, in “Spain and the European Union”, without counting on the draft of the Regulation on AI in development, in the words of the deputy spokesman for United We Can, Enrique Santiago.
The confederal group of United We Can registered this Wednesday in the Congress of Deputies a proposal for an Organic Law regulating the simulations of images and voices of people generated by means of Artificial Intelligence. The proposal seeks to regulate the information generated by Artificial Intelligence that may be “harmful” in fundamental rights such as the right to image and that may influence electoral processes or information on health or unfair competition.
According to the proposal presented by United We Can, the images or audio generated with Artificial Intelligence must “carry a clearly visible visual or sound warning so that there is no mistake.” The initiative aims to modify up to six laws in force as the Child Protection Law, the Electoral Law, the Audiovisual Communication Law, the Unfair Competition Law, the Penal Code and the Civil Procedure Law. According to Enrique Santiago, “the lack of organization and regulation can amplify situations of injustice, discrimination and misinformation,” he warned.
Regarding the Electoral Law, for Unidas Podemos it is vital to modify it before the next general elections with the aim of introducing an electoral crime on the use of images of candidates in order to “alter” the result of an election. It would be a modification of this law in which article 144 bis of crimes in the malicious distribution of images and voices generated by artificial intelligence would be added. Unidas Podemos proposes that they would be punished with a sentence of three months to one year or a fine of six to twenty-four months who, from the time the electoral process was called and until the end of the voting day, disseminated maliciously or without the authorization of the affected candidates. images or audio of the latter that were altered or recreated by automated systems, software, algorithms or artificial intelligence mechanisms”, according to the bill.
The bill also modifies the Honor Protection Law, including a modality of affectation to honor, “by touching the right to the person’s own image, generating false images if it is not warned that they are false.” The norm also creates a new crime of insults in which it would be recognized that the unauthorized use of these images would be a crime. It would be article 208 bis, which would read as follows: “The action that, without authorization and with the intention of undermining the honor, fame, dignity or self-esteem of a person, is recreated by means of automated systems, software, algorithms or artificial intelligence for the public broadcast their body image or voice audio”. “The law contemplates that any image of a person has to go with the superimposed warning that it is a false image. This affects the dissemination of images for any purpose,” according to the spokesperson for United We Can.
On the other hand, in the General Law of Audiovisual Communication, article 157 of very serious infractions would be modified. “The dissemination of images or videos generated through automated systems (…) without the prior authorization or express consent of the person or persons subject, unless they clearly and prominently include a warning of their status as an artificially generated image by artificial intelligence. The warning must appear superimposed and clearly legible in the image, otherwise the responsibility falls on the person who activates said generation”.
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